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(영문) 서울고등법원 2015.06.25 2014나2033763
근저당권말소등기 청구의 소
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

Basic Facts

On November 6, 2010, the Plaintiff: (a) between C, D, and E (hereinafter referred to as “C, etc.”); (b) between 2,456 square meters in Seocheon-gu F (hereinafter referred to as “B before the instant subdivision”) and 330 square meters in G large scale (hereinafter referred to as “F land before the instant subdivision”); (c) between 1652.9 square meters in size (50 square meters) and 29.75 square meters in building on the above G ground (hereinafter referred to as “the instant building and site” in paragraphs (3) of the attached Tables 2 and (3); (d) on the upper part of the attached Tables 2 and 4-1, the Plaintiff entered the sales contract (hereinafter referred to as “the instant building and site” in the attached Tables 4-1); (c) on the upper part of the attached Tables 2 and 50,000 square meters in total into the sales contract with the Plaintiff and the Defendant 150,000 square meters in terms of the size of land.

The main contents thereof are as follows:

Article 1 (Sale Price and Time of Payment) of the Real Estate Sales Contract (hereinafter referred to as the "Contract") (hereinafter referred to as the "Contract") shall be paid at the time of the contract, and the first intermediate payment shall be paid on March 20, 201.

The second intermediate payment is paid in January 31, 2012.

The third intermediate payment is paid in January 31, 2013.

The fourth intermediate payment is paid in January 31, 2014.

The balance shall be paid in January 31, 2015.

Article 5 [Delivery of Real Estate] (1) Seller(C, etc.) shall transfer all the accessories and facilities of the buildings, such as trees, quotas, doors, fences, etc. attached to the sale and purchase goods at the time of the contract.

(2) Until the occupancy of a building, a seller is under the responsibility of the seller.

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